DA clears U.S. marshal who killed Arizona fugitive

LAS VEGAS -- The Clark County District Attorney’s Office has determined that the federal law enforcement officer involved in the death of Arizona fugitive Thomas Domagala acted lawfully, and criminal charges against the officer will not be forthcoming in this case.

The Nevada Fugitive Investigative Task Force was conducting surveillance Sept. 19 on a home occupied by Domagala. He had outstanding felony warrants for several crimes in Arizona, including a near fatal pistol-whipping of an elderly man.

When Domagala exited the residence with two female companions and left in a vehicle, federal officers attempted to stop the vehicle and a chase ensued.

Domagala’s car became disabled and he fled on foot, carrying a loaded gun. Several officers pursued him, instructing him to stop and drop his weapon. A deputy U.S. marshal, who was approaching the scene from a different vantage-point, encountered Domagala as he was running toward the officer.

After he did not obey that officer's commands and instead continued running toward that officer with a gun in his hand, the marshal fired one shot at Domagala.

He was pronounced dead at the scene. An autopsy showed he had methamphetamine and amphetamine in his blood.

“Mr. Domagala chose to flee officers and ignored commands to stop running and drop his weapon. He was running, with a gun in his hand, directly at a U.S. marshal. His actions left the officer no choice but to defend himself, his fellow officers and the citizens in the area,” District Attorney Steven Wolfson said.

A Police Fatality Public Fact-finding Review will not be conducted in this case because federal law enforcement officers are outside the jurisdiction of this process.